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PalsBay provides a unique venue and opportunity where musicians and music fans from anywhere in the world can interact, promote themselves, provide links to their music, videos, send messages, leave comments, advertise and create listings on our marketplace In addition to these Services, if you register with this site as a registered user including as a musician or band, you may be able to create your own Member profile page.

EligibilityThis website is not intended for Users under the age of 13. By agreeing to these Terms of Use, you represent to us that you are at least 13 years old or older and that you have the capacity to understand, agree to and comply with this Agreement. Use of Services is void where prohibited. Use by anyone under 13 is unauthorized and your Profile page may be deleted without warning if we believe that you are under 13 years of age.

Registered UserIf you choose to register a personal account with PalsBay as a Member to gain access to Services only available to registered Users, you further agree that:
(i) you will only register on your own behalf or on behalf of your group or band as a single account
(ii) if you are a group or band, you hereby represent that you authorized to register your group and are authorized to agree that each person in your group is jointly and severally obligated to Terms of Use
(iii) you will only register a single Member
(iv) you will maintain the security of your password and identification
(v) you will provide accurate information to PalsBay. You are solely responsible for the activity that occurs on your personal account and for maintaining the confidentiality of your password. If you suspect any unauthorized use of your account, you must immediately notify PalsBay.

Fees:You acknowledge that PalsBay reserves the right to charge for the Services and to change its fees from time to time in its sole discretion. If PalsBay terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

Term:Users can terminate their Membership at any time and for any reason. PalsBay may terminate your Membership at any time without notice and with or without reason. This Agreement will be in full force and effect throughout your use of this site and the Services and after termination of your Membership.

Unauthorized Use:The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically authorized or endorsed by PalsBay. Commercial advertisements affiliate links, and other forms of solicitation may be removed from Profile pages without notice and may result in termination of Membership privileges.

Illegal and unauthorized usage includes:use of automated means, including spiders, robots, or the like to sign on, use, or receive information through this site; collecting usernames and/or email addresses of Members by electronic means for the purpose of sending unsolicited email; use of Services or the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; intimidation or harassment of other Users. Unauthorized or illegal usage will result in immediate termination of the User’s Membership in addition to the taking of appropriate legal action.

User ContentYou shall be solely responsible for all the content in your Profile page, including without limitation, all images, links, messages, notes, text, information, musical works, audio video, advertisements, listings, works of authorship and other content that you upload, publish or display (“post”) on or through the Service or the site, or transmit to or share with other users (“User Content”).

You shall not post, transmit, or share User Content on the Site or Service unless it was created by you, or in which you have obtained permission to post. By posting any content, you certify and represent that you own the content posted, or have otherwise obtained the rights to the content and have the right to grant the license set forth herein. You agree to pay for any royalties, fees, and any other costs that are owed anyone due to content posted by you, including codex license fees for submitting your entries in MP3 format, if applicable.

You understand and agree that PalsBay may delete or remove, without notice, any User posted content, in its sole discretion, that it determines violates this Agreement, or which might be offensive, illegal, or that might violated the rights, harm, or threaten the safety of Users or others. After posting your User Content to the site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. PalsBay does not claim any ownership rights in the User Content that you post to PalsBay.

By posting any User Content on or through the site, you hereby grant to PalsBay an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, modify, publicly perform, publicly display, reproduce, reformulate, excerpt (in whole or in part) and distribute such User Content solely on and through the site, for any purpose including commercial, advertising, or otherwise, on or in connection with the site of the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing.

To the extent that you do not own or otherwise have the rights to your User Content or any portion thereof, the foregoing license is void as a matter of law, and you will indemnify, defend and hold harmless PalsBay from all damages, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys ‘ fees) attributed to your submission of infringing materials. You may remove your User Content from the site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that PalsBay may retain archived copies of your User Content. PalsBay is not responsible for, and does not endorse, any User Content or any information or material transmitted between Users. Users are entirely responsible for the content posted and PalsBay makes no warranties as to the accuracy or reliability of any User Content or material posted by Users.

ProhibitionsThis site may not be used to conduct any activity that could be deemed, at PalsBay sole discretion, as illegal, offensive, prohibited, or fraudulent. PalsBay expressly reserves the right to investigate and remove any offending User Content and terminate the User’s access to the Services. PalsBay may take necessary legal action against anyone who violates this or any other provision contained in this Agreement. PalsBay lists the following prohibited contents and/or activities as illustrative only and not exhaustive of the material which may not be posted to the site. If PalsBay determines, at its sole discretion, that any User Content or activity constitutes prohibited material, or violates the rights of any person, or threatens the safety of any person, PalsBay will delete such content and terminate the offending User’s access to the Services. Prohibited content and activity includes, without limitation:
1. Any material that is patently offensive.
2. Any material or activity that promotes, exploits, or incites racism, violence, hatred, physical harm, vandalism, illegal, fraudulent or criminal activity.
3. Any material that exploits or contains nudity, sexuality and pornography.
4. Any material or activity that violates anyone’s privacy rights, such as providing contact information, personal data, or misrepresentation of identity.
5. Any material or activity intended to harass or advocates harassment of another person or interferes with their use of the site.
6. Any material or activity that violates any intellectual property rights, including copyrights, trademarks, rights of publicity, trade secrets and the like.
7. Any attempt to tamper with the PalsBay web site, database, and security features including conduct that impairs the quality, functionality or performance of this site.
8. Selling or transferring your Profile page.
9. Any attempt to unfairly influence, circumvent or abuse the voting process, judging, selection process, and prize allocations of the Contest and Services.
10. Any material or activity that violates any of the provisions of this Agreement.
11. Any material that constitutes charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising, promotional materials or any other solicitation of other users to use goods or services; provided, however, you may promote your song entries and performance dates and venues of yourself, your group or your band.

Copyright PolicyPalsBay strictly prohibits any activity that violates and infringes the intellectual property rights of others. Users may not post, distribute, upload or transmit on or through this site, any copyrighted material, trademarks or other proprietary information, unless it is owned by and belong to you, or for which you have obtained written consent from the true owner to use. Unauthorized copying, public display, public performance, distribution or modification of copyrighted works may be an infringement of the copyright owner’s rights. If PalsBay receives notification from the copyright owner, or the copyright owner’s authorized representative, that any Member has repeatedly violated the copyright of another, PalsBay will terminate the Member’s access to the Services.

Notification of infringement under 17 U.S.C. 512(c)(3)Anyone who believes that any material on this site infringes upon any copyright that you own or have the right to control, may send written notification to PalsBay, containing the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Send the notification to: [email protected], LLC, c/o Copyright Violations, P.O. Box 36060, Agodi-gate, Ibadan, Nigeria 23402.

Data Back-upPalsBay is not responsible for backing up any data related to your Profile, any User Content or other type of data attributed to your participation in the Site and Contest. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL USER CONTENT THAT YOU SUBMIT TO THE SITE AND EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST USER CONTENT, WHETHER YOUR OWN OR THAT BELONGING TO YOUR GROUP OR BAND.

Third Party Web SitesThis site contains links to other web sites (“Third Party Sites” or “TP Sites”). PalsBay does not investigate or monitor any IP Sites and is not responsible for any IP Sites accessed, or the content posted on or available from any IP Sites. Linking to IP Sites does not constitute an endorsement or approval of the IP Site or any content belonging to or accessible from the TP site. PalsBay is not responsible for failed links to Third Party Sites or any problems with Third Party Sites including technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any video or audio players due to technical problems or traffic congestion on the Third Party Site.

If you decide to leave PalsBay by clicking on a link to a Third Party Site, you do so at your own risk. These Terms and PalsBay’ privacy policy does not apply once you leave PalsBay and you are responsible for reading and consenting to the policies and terms of use and privacy policies of such Third Party Site.

palsbay.com Property Rightspalsbay.com, LLC, has and retains all intellectual property rights to the contents of the site, including to all trademarks, service marks, logos, and copyright work contained therein, that has been made by or on behalf of PalsBay, or is otherwise licensed to or owned by PalsBay. All such content is subject to copyright and other applicable intellectual property rights under United States and foreign laws and international conventions. All rights are hereby expressly reserved.

Member DisputesYou are solely responsible for your interactions with other Members and Users. PalsBay reserves the right, but is not obligated, to monitor disputes between you and other Member or Users.

PrivacyPalsBay has a strict Privacy Policy and is incorporated in these Terms by reference. You consent to having your personal data transferred and processed through the United States by using this site.

DisclaimersPalsBay is not liable and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. PalsBay is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to User or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall PalsBay be responsible for any loss or damage, including personal injury or death, resulting form use of the Services.

Warranty DisclaimerThe services are provided “as-is” and “as available” and EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN OR IN THE CONTEST RULES OR PRIVACY POLICY, PalsBay expressly disclaims all warranties, EXPRESS OR IMPLIED RELATED TO THE SITE, THE SERVICES OR THE CONTEST, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES of MERCHANT LIABILITY, fitness for a particular purpose, TITLE, AND non-infringement, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SITE OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF ANY CONTENT, USER CONTENT, MATERIALS, THE VOTING APPLICATION OR ANY INFORMATION CONTAINED ON THE SITE.

PalsBay cannot guarantee and does not promise any specific results from use of the services. PalsBay makes no representations or warranties that the site, the content, the software and servers do not violate any patent or other intellectual property rights of any person or about the accuracy or completeness of this site’s content or the content of any web sites linked to this site. PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation on LiabilityIN NO EVENT SHALL PalsBay.COM, LLC, ITS AGENTS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS AND EMPLOYEES (“PROTECTED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF YOUR USE OF THE SERVICES, EVEN IF PALSBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PROTECTED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PALSBAY FOR THE PALSBAY SERVICES DURING THE TERM OF MEMBERSHIP. BUT IN NO CASE WILL THE PROTECTED PARTIES’ LIABILITY TO YOU EXCEED $1000 IN THE AGGREGATE.
YOU AGREE THAT IF NO FEES ARE PAID TO PALSBAY FOR THE SERVICES, YOU SHALL BE ENTITLED TO MONETARY DAMAGES LIMITED TO $1000 ONLY, AND HEREBY WAIVE ANY RIGHTS TO INJUNCTIVE RELIEF. IF ANY REMEDY HERE UNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.

IndemnityYou agree to indemnify and hold PalsBay, its subsidiaries, and affiliates, and their respective officers, agents, members, managers, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on this site or through the Services causes PalsBay to be liable to another.

Additional TermsThis Agreement constitutes the entire agreement and understanding between you and PalsBay regarding the use of the site and Services. This agreement supersede any prior agreements between you and PalsBay. If any provision of this Agreement is held to be invalid, the remainder of this Agreement shall remain in full force and effect.

Any provision of this Agreement that is found to be unlawful, void or unenforceable will be deemed severed from this Agreement and shall not affect the validity of the remaining provisions. Failure of PalsBay to exercise or enforce any provision of this Agreement does not constitute a waiver of that or any other provision of this Agreement. There are no third party beneficiaries to the Contest, the Services or your use of this site. We may assign the Services and this Agreement to any party at any time without notice to you.

User RepresentationsYou represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms of Use and to use the site in accordance with these Terms of Use. If you are not at least 18 years old, but are over the age of 13, you may have a parent or guardian accept these terms on your behalf. You agree to be financially responsible for your use of the site (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms of Use. Notice. PalsBay may deliver notice to you under these Terms of Use by any electronic means or through US mail.

You may give notice to us at any time by letter delivered by first class postage prepaid NIPOST or overnight courier to the following address: PalsBay.com, LLC, c/o Legal Dept., P.O. Box 36060, Agodi-gate, Ibadan, Nigeria 23402. BY CLICKING “ACCEPT” YOU AGREE TO THESE TERMS AND CONDITIONS Any questions regarding the Terms of Use may be directed to:
[email protected]Or by mail to: PalsBay.com, LLC.
P.O. Box 36060 Agodi-gate,
Ibadan Nigeria. 23402